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Patna High CourtCR. MISC./49204/2023disposed

Md. Nirale @ Imtayaz Ahmad v. The State Of Bihar

2023-08-23Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49204 of 2023 Arising Out of PS. Case No.-160 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

MD. NIRALE @ IMTAYAZ AHMAD Son of Wakil Ahmad Resident of village - Guawari, P.S. - Kundwa, Chainpur, Distt. - East Champaran 2.

Md. Wakil Ahmad Son of Late Khalil Resident of village - Guawari, P.S. - Kundwa, Chainpur, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Waliur Rahman, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-08-2023 1.

Learned counsel for the petitioners seeks permission to withdraw the application in respect of petitioner no. 2.

2.

Permission is accorded.

3.

In view of the above, the application of petitioner no. 2 namely Md. Wakil Ahamad is dismissed as withdrawn.

4.

Heard learned counsel for the petitioner no. 1 and learned counsel for the State.

5.

Petitioner apprehends arrest in connection with Kundwa Chainpur P.S. Case No. 160 of 2020 registered for the offences under Section 307 and other allied sections of the

Patna High Court CR. MISC. No.49204 of 2023(2) dt.23-08-2023 2/2 Indian Penal Code.

6.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that there is general and omnibus allegation against the petitioner and petitioner has no criminal antecedent.

7.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner no. 1, namely, Md. Nirale @ Imtayaz Ahmad, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M.-V, Sikrahana, Dhaka, Motihari in connection with Kundwa Chainpur P.S. Case No. 160 of 2020 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T